19 Desk Item - Coyote Issue
DATE: TO: FROM: COUNCIL AGENDA REPORT SEPTEMBER 7, 2004 MAYOR AND TOWN COUNCIL DEBRA 1. FIGONE, TOWN MANAGER MEETING DATE: 09-07-04 ITEM NO. 19 DESK ITEM SUBJECT: DISCUSSION ON COYOTE
ISSUE IN LOS GATOS NEIGHBORHOODS Attached is a letter from the Santa Clara County Vector Control District received today via facsimile regarding the coyote issue in Los Gatos. The letter
requests clarification of Los Gatos' position on the use of padded jaw leg hold traps in the situation where public safety and/or health may be threatened. The letter suggests that Los
Gatos may either repeal or modify our current ordinance, or may send a letter to Vector Control acknowledging the District's right to follow state law which allows the use ofpadded jaw
leg hold traps where warranted. This is consistent with the information included in the staff report for this item. Attachments: 1. Letter from Santa Clara County Vector Control District,
dated September 7, 2004 PREPARED BY: PAMELA S. JACOBS ASSISTANT TOWN MANAGER Reviewed by: __Assistant Town Manager --oJL-Town Attorney __Clerk Finance __Community Development Revised:
917104 4: 13 pm Refonnatted: 5/30/02
County ofSanta Clara Environmental Resources Agency Department of Environmental Health Vector Control District 976 Lenzen Avenue San Jose. California 95126 (408) 792-5010 FAX 298-6356
t-(( \ I !-' ----------------------------- September 7, 2004 SEP 7 2004 Ms Debra J, Figone, Town Manager Town of Los Gatos 110 East Main
Street Los Gatos, CA 95030-6904 SUbject: County of Santa Clara Vector Control District Wildlife Services Dear Town Manager: Recent events in another municipal jurisdiction has prompted
a review of lour CityfTown Ordinance regarding the use of soft catch, padded jaw leg hold traps and its compliance or non-compliance with the State of California Fish and Game Code.
In ir stances where it is warranted to protect public safety and lor health, and other trapping methods have failed, the District uses only soft catch, padded jaw leg hold traps. T lese
traps are designed to humanely restrain an animal until removed or releasee by a wildlife specialist. The County of Santa Clara Vector Control District (District) has provided \ lildlife
services to your CityfTown for over 14 years. The District currently provides as one of its wildlife services, trapping for skunks, bats, raccoons, opossums, fIxes, coyotes, bobcats,
and other small wildlife which may constitute a threat to publil, health and/or safety. Trapping of small wildlife may be provided when the anim 31(s) takes up residence under houses
or other structures in the immediate vicillity of human habitation; exhibits abnormal or aggressive behavior as determined by District wildlife personnel; or has been identified as an
animal with a high risk potential of transmitting the causative agent of a significant human disease when in contact with p The growth and urbanization of the County of
Santa Clara is creating s tuations where public interaction with carnivores such as coyotes may result in safety anc lor health risks to the public. The District has found that in certain
situations, where box raps fail or are deemed ineffective, the most effective manner in which to quickly rer love wildlife is through the use of soft catch, padded jaw leg hold traps.
The District's j-apping activity is controlled and regulated by California Fish and Game Code Section 3( 03.1, a copy is included with this letter. Subsection (c) prohibits the use of
any steel· iawed leg hold trap, padded or otherwise. Board ofSupervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Jame5 T. Beall Jr., Liz Kniss County Executive: Peter Kutras,
Jr.
However, the subsection does provide an exception for government loyees "in the extraordinary case where the otherwise prohibited padded-jaw leg hold tl ap is the only method
available to protect human health or safety". Your CityfTown currently has an ordinance, which is more restrictive than the California Fish and Game Code cited above, that bans the use
of leg hold traps withi 1 the city/town limits of your jurisdiction. Before the District can implement the provisi( n provided in state law, in lieu of your local ordinance, the District
needs clarifie ltion of your jurisdiction's position on the use of padded jaw leg hold traps by governmc ·nt employees in the unusual situation where public safety and/or health may
be threatenE d. If the CityfTown wants this level of safety and public health protectioll service, the CitylTown can repeal the local ordinance and adopt the current Calife mia Fish
and Game Code section 3003.1 or send a letter to this office concurring with tt e opinion that state law law preempts the local ordinance. The District wants to make sure :hat it has
the cooperation and agreement of the CitylTown prior to using padded leg he d traps in the situation where other trapping methods have failed and the safety and/or Jblic health to
the resident maybe at risk. Your representative may contact this District at 408-792-5010 or Deputy C( unty Counsel, Kathy Kretchmer, at 408-299-5920 to discuss this matter. Until such
time as the CitylTown Ordinance prohibiting the use of leg hold traps within your jUrisdiction is modifit or repealed, or a letter from your Councilor Attomey acknowledges the conflict
in the lawai d the District's right to follow State law, the District will not be using leg hold traps in s Jch warranted situations. Sincerely, Tim Mulligan, Manager Santa Clara County
Vector Control District Cc: Tim Chow. Director ERA Ben Gale, Director DEH Kathy Kretchmer, Deputy County Counsel 2